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University Grants Commission - Sri Lanka

Universities Act - Part XV

APPLICATION OF THE HOUSING AND TOWN IMPROVEMENT ORDINANCE


119. (1) Notwithstanding anything in the Housing and Town Improvement Ordinance it shall be lawful for the Minister on the recommendation of the Commission and in consultation with the Minister in charge of the subject of Local Government, if he deems it expedient so to do in order to preserve the amenities of the precincts of a Higher Educational Institution, to declare by Notification published in the Gazette, that Chapter I of Part II of that Ordinance shall apply, subject to the modifications specified in subsection (2) of this section, to any area of land within the precincts or in proximity to the precincts of such Higher Educational Institution specified in such Notification, to which the said Ordinance does not otherwise apply, as if such area were an area comprised within the limits of a local authority. Application of Chapter 268 to areas within the precincts or in proximity to the precincts of a Higher Educational Institution.
  (2) Upon the publication of any Notification under subsection (1) of this section, the said Chapter shall apply accordingly, subject to the following modifications -
    (i) the words “principal executive officer” shall be substituted for the word “Chairman”, wherever the latter word occurs therein;
    (ii) the following section shall be substituted for section 7 thereof:-
    7. The principal executive officer of a Higher Educational Institution shall not refuse -  
    (a) to approve any plan, drawing, or specification of any building; or  
  (b) to consent to any alteration in any building,  
  “Circum- stances in which approval or consent may be refused. unless the building or the alteration of the building is of such nature as to be likely, in his opinion, to injure the amenities of the precincts of the Higher Educational Institution or unless the application for such approval or consent fails to comply with any requirement made under section 8.”;  
    (iii) the following paragraph shall be substituted for paragraph (a) of section 8 thereof :-  
      (a) the submission of plans, drawings, and specifications in such form and containing such particulars as may be prescribed by the principal executive officer;”;  
    (iv) the following paragraph shall be substituted for paragraph (b) of section 8 thereof:-  
      (b) the amendment of any plan, drawing or specification so submitted so as to bring it into accordance with such form or so as to contain any such particulars;”;  
    (v) in paragraph (c) of section 8 thereof, the words “this Chapter” shall be substituted for the word “Ordinance”;  
    (vi) the following paragraph shall be substituted for paragraph (c) of subsection (1) of section 13 thereof:-  
      (c) execute any building operation in contravention of any of the provisions of this Chapter;”;  
    (vii) the following subsection shall be substituted for subsection (2) of section 13 thereof:-  
      (2) In any case in which any person is convicted under this section, the Magistrate may, on the application of the principal executive officer, make a mandatory order requiring such person or the owner of the building, or both, within a time limited in the order, to demolish the building in question or to alter it so as not to injure the amenities of the precincts of the Higher Educational Institution, and in the event of such mandatory order not being complied with, may authorize the principal executive officer to demolish, alter or otherwise deal with the building in such a manner as to secure compliance with the order and any expenses thereby incurred shall be recovered upon an order made by the Magistrate in the same manner as a fine imposed by him and upon recovery shall be paid to the principal executive officer of the Higher Educational Institution.”;  
    (viii) the following subsection shall be substituted for subsection (1) of section 15 thereof:-  
      “(1) No building constructed after the commencement of this Ordinance shall be occupied, except by a caretaker, until the principal executive officer has given a certificate that such building as regards construction, drainage and in all other respects, does not injure the amenities of the precincts of a Higher Educational Institution.; and  
    (xi) the reference to the tribunal of appeal in section 16 thereof shall be deemed to be a reference to the District Court having jurisdiction in the district in which the said area is situated.  
  (3) The exercise of any of the powers conferred on the principal executive officer of a Higher Educational Institution under the provisions of this section shall be subject to the consent of its governing authority, and if such principal executive officer refuses to approve any plan, drawing or specification of any building or to consent to any alteration in any building within the said area on the ground that it will injure the amenities of the precincts of the Higher Educational Institution, the Higher Educational Institution shall make compensation to any person for any loss or damage he may sustain in consequence of such refusal; and any person aggrieved by the failure of the Higher Educational Institution to make such compensation or to make adequate compensation, may appeal to the District Court having jurisdiction in the district in which such area is situated, and the decision of the District Court on any such appeal be final and conclusive.  
 

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